R v Jogee

Subject Matter

CRIME — Homicide — Murder — Joint enterprise — Defendant charged as secondary party to murder — Co-defendant committing act which resulted in victim’s death — Mental element necessary for secondary party to be guilty of murder — Judge directing jury that foresight by secondary party that co-defendant might attack victim with mens rea for murder sufficient — Whether necessary for secondary party himself to have mens rea for murder — Whether to be inferred from foresight of what co-defendant might do

[2016] UKSC 8; [2017] AC 387; [2016] 2 WLR 681; [2016] 2 All ER 1; [2016] 1 Cr App R 31; [2016] WLR (D) 84; Case details, SC(E)

Commentary

Carmelite chambers blog
Joint Enterprise and the Real Impact of Jogee Case comment

Blackstones Criminal Practice 2025
Murder - Elements - Malice Aforethought B1.22

Constructive Manslaughter (Killing by an Unlawful Act Likely to Cause Bodily Harm) - Likely to Cause Bodily Harm - The Objective Nature of the Test B1.64

Intention A2.5

Liability of Principals and Accessories Generally A4.2

Liability of Principals and Accessories Generally A4.3

Mental Element for Accessories A4.5

Mental Element for Accessories - Requirement of Knowledge A4.6

Scope of the (Intended) Joint Venture A4.10

Miscellaneous Issues - Presence at the Scene of the Crime: Omissions A4.21

Scope of the (Intended) Joint Venture - Fundamental Restatement in Jogee and the Change of Emphasis from Foresight to Intention A4.11

Scope of the (Intended) Joint Venture - Impact of Jogee on Previous Convictions A4.15

Reference by the Criminal Cases Review Commission D28.10